Agent- A person
acting on behalf of another, called the principal.
Appraisal- An
expert judgment or estimate of the quality or value of real
estate as of a given date.
Assessed
Value- The valuation placed upon property by a public tax
assessor as the basis for taxes.
Bill of
Sale- An instrument which transfers title to personal
property (chattels); a "Deed" transfers real property.
CC&R's:
Covenants, conditions and restrictions- A document that
controls the use, requirements and restrictions of a
property.
Certificate
of Reasonable Value (CRV)- A document that establishes the
maximum value and loan amount for a VA guaranteed mortgage.
Certificate
of Title- A document signed by a title examiner or attorney
stating that the seller has a good marketable and insurable
title.
Closing
Statement (Settlement)- The computation of financial
adjustments between buyer and seller as of the day of
closing a sale to determine the net amount of money which
buyer must pay to seller to complete purchase of the real
estate and seller's net proceeds.
Also,
"settlement sheets," "HUD-1."
Commission-
Payment to a real estate broker for services performed.
Condominium-
A form of real estate ownership where the owner receives
title to a particular unit and has a proportionate interest
in certain common areas. The unit itself is generally a
separately owned space whose interior surfaces (walls,
floors and ceilings) serve as its boundaries.
Contingency-
A condition that must be satisfied before a contract is
binding. For instance, a sales agreement may be contingent
upon the buyer obtaining financing.
Deed- A
formal written instrument by which title to real property is
transferred from one owner to another. Also, "conveyance".
Deed of
Trust- Like a mortgage, a security instrument whereby real
property is given as security for a debt. However, in a deed
of trust there are three parties to the instrument; the
borrower, the trustee, and the lender (or beneficiary).
Due-On-Sale
Clause- An acceleration clause that requires full payment of
a mortgage or deed of trust when the secured property
changes ownership.
Earnest
Money- The portion of the down payment delivered to the
seller or escrow agent by the purchaser with a written offer
as evidence of good faith.
Equity- The
interest or value which owner has in real estate over and
above the debts against it. (Sales Price - Mortgage Balance
- Equity).
Escrow- A
procedure in which a third party acts as a stakeholder for
both the buyer and the seller, carrying out both parties'
instructions and
assumes
responsibility for handling all of the paperwork and
distribution of funds.
Federal
National Mortgage Association (FNMA)- Popularly known as
Fannie Mae. A privately owned corporation created by
Congress to support the secondary mortgage market. It
purchases and sells residential mortgages insured by FHA or
guaranteed by the VA, as well as conventional home
mortgages.
Fee Simple-
An estate in which the owner has unrestricted power to
dispose of the property as he wishes, including leaving by
will or inheritance. It is the greatest interest a person
can have in real estate.
Fixture-
What was formerly personal property which is now permanently
attached to real property and goes with the property when it
is sold.
Graduated
Payment Mortgage- A residential mortgage with monthly
payments that start at a low level and increase at a
predetermined rate.
Hazard
Insurance- Protects against damages caused to property by
fire, windstorms, and other common hazards.
Home
Inspection Report- A qualified inspector's report on a
property's overall condition. The report usuallyincludes an
evaluation of both the structure and mechanical systems.
Home
Warranty Plan- Protection against failure of mechanical
systems within the property. Usually includes plumbing,
electrical, heating systems and installed appliances.
Joint
Tenancy- An equal undivided ownership of property by two or
more persons. Upon the death of any owner, the survivors
take the decedent's interest in the property.
Lien- A
legal hold or claim on property as security for a debt or
charge.
Listing
Contract- Between a home owner (as principal) and a licensed
real estate broker (as agent) by which the broker is
employed to market the real estate within a given time for
which service the owner agrees to pay a commission. Also,
"listing agreement".
Loan
Commitment- A written promise to make a loan for a specified
amount on specified terms.
Loan-To-Value Ratio- The relationship between the amount of
the mortgage and the appraised value of the property,
expressed as a percentage of the appraised value.
Market
Value- The highest price which a buyer, ready, willing and
able but not compelled to buy, would pay, and the lowest
price a seller, ready, willing and able but, not compelled
to sell, would accept. Basis for "listing price', or "asking
price".
Mortgage- A
lien or claim against real property given by the buyer to
the lender as security for money borrowed.
Mortgage
Life Insurance- A type of term life insurance often bought
by mortgagors. The coverage decreases as the mortgage
balance declines. If the borrower dies while the policy is
in force, the debt is automatically covered by insurance
proceeds.
Mortgage
Note- A written agreement to repay a loan. The agreement is
secured by a mortgage, serves as proof of an indebtedness,
and states the manner in which it shall be paid. Also, "deed
of trust note."
Negative
Amortization- Negative amortization occurs when monthly
payments fail to cover the interest cost. The interest that
isn't covered is added to the unpaid principal balance,
which means that even after several payments you could owe
more than you did at the beginning of the loan. Negative
amortization can occur when an ARM has a payment cap that
results in monthly payments that aren't high enough to cover
the interest.
Origination
Fee- A fee or charge for work involved in evaluating,
preparing, and submitting a proposed mortgage loan. The fee
is limited to 1 percent of FHA and VA loans.
PITI-
Principal, interest, taxes and insurance.
Planned Unit
Development (PUD)- A zoning designation for property
developed at the same or slightly greater overall density
than conventional development, sometimes with improvements
clustered between open, common areas. Uses may be
residential, commercial or industrial.
Point- An
amount equal to 1 percent of the principal amount of the
investment or note. The lender assesses loan discount points
at closing to increase the yield on the mortgage to a
position competitive with other types of investments.
Prepayment
Penalty- A fee charged to a mortgagor who pays a loan before
it is due. Not allowed for FHA or VA loans.
Principal-
This word has several meanings:
- a) to
denote the most important;
- b) a
capital sum lent on interest;
- c) one
who appoints an agent to act on their behalf;
- d) either
party to a contract.
Private
Mortgage Insurance (PMI)- Insurance written by a private
company protecting the lender against loss if the borrower
defaults on the mortgage.
Prorate- To
allocate between seller and buyer their proportionate share
of an obligation paid or due. For example a prorate on real
property taxes, fire insurance, or condominium fee.
Purchase
Agreement- A written document in which the purchaser agrees
to buy certain real estate and the seller agrees to sell
under stated terms and conditions. Also called a sales
contract, earnest money contract, or agreement for sale.
Realtor- A
real estate broker or associate active in a local real
estate board affiliated with the National Association of
Realtors®.
Regulation
Z- The set of rules governing consumer lending issued by the
Federal Reserve Board of Governors in accordance with the
Consumer Protection act.
Survey- A
map or plat made by a licensed surveyor showing the results
of measuring the land with its elevations, improvements,
boundaries, and its relationship to surrounding tracts of
land. A survey is often required by the lender to assure a
building is actually sited on the land according to its
legal description.
Tenancy in
Common- A type of joint ownership of property by two or more
persons with no right of survivorship.
Title
Insurance- Protects lenders and home owners against loss of
their interest in property due to legal defects in title.
Title Search
or Examination- A check of the title records, generally at
the local courthouse, to make sure the buyer is purchasing a
house from the legal owner and there are no liens, overdue
special assessments, or other claims.
Transfer
tax- State tax, local tax (where applicable) and tax stamps
(in some areas) required by law when title passes from one
owner to another.